Private Road Matter

[riptides]

If you have easement issues that are leading to talking with lawyers, search TBN for MBARB's long discussion about his situation.

He lost and it cost him $100,000.

If you have an easement issue, you need a good lawyer. But also take the long view and do not cut off your nose to spite your face.

Later,
Dan

Like Dan mentioned, Visit this thread.

mdbarb easement post

 

[dmccarty]

Like Dan mentioned, Visit this thread.

mdbarb easement post

Thanks for the link Rip.

And my post is in error. I checked it before I posted. It looked right before the post.

So lets try this again. MBARB lost well over a hundred thousands dollars in his case.

Later,
Dan

 

[SpringHollow]

You have lots of options if you have not agreed to the new easement yet. Just as others have said, you have to decide if you want to press for those options or not.

One thing to consider: You can give him use of the old road if you like but not have that right pass on to the next owner if he should sell. You could also let him use it unofficially use it except for one day of the year (for example, Jan 1 of each year) which would maintain your rights.

Ken

 

[dodge man]

I don't have a clear picture of what is going on, but if you are granting a new road easement, and it serves everyones property, then I would ask for the old one to be vacated, and stop the neighbor from driving over it. If he has no other acess to his property except over the old road, he will probably still need to be able to use it.

Like others have said, shared driveways can get ugly. I am a land surveyor, and I was involved in one case that dragged on for several years and cost the land owners a lot of money, and it was pretty silly because they let it get personal.

 

[kidkioti]

You have lots of options if you have not agreed to the new easement yet. Just as others have said, you have to decide if you want to press for those options or not.

One thing to consider: You can give him use of the old road if you like but not have that right pass on to the next owner if he should sell. You could also let him use it unofficially use it except for one day of the year (for example, Jan 1 of each year) which would maintain your rights.

Ken

The attorney seems to think that it appears to be just a matter of getting my two neighbors to agreed to give up their right of way to the old road in order to proceed with and complete the newly constructed road.

She will have to sort through the the deeds, plats, indentures, descriptions and prior maintenance agreement in more depth to see if anything is there that might prevent this. Should have a report back in about a week. Hope this helps and sorry for the delay. Still have some details to look into myself. KK

 

[Knotbored]

I live on a private gravel road shared by 13 lots. The yearly maintenence costs are shared (unequally) but several neighbors refuse to contribute and legal costs don't justify forcing the issue. It makes for awful neighborhood politics.
If you will use the new road expect to contribute to its maintenence (and costs will be substancial.) But expect compensation for any land they confiscate for the easment.
Note that sometimes yearly fees are determined by road frontage, and it sounds like you might be the largest frontage allthough you get the leaste benefit.
If you will not use the road then by all means don't allow it onto your land including ditch easments, but expect a "hookup" charge if you later subdivide and/or need use of the road.

 

[teg]

...just a matter of getting my two neighbors to agreed to give up their right of way to the old road...

yes, good luck with that. I would not be surprised that the only reason he is using that road is to show you that he can / will use it. ROW are hard to get, and harder to remove. Good luck :thumbsup:

 

[dmccarty]

I live on a private gravel road shared by 13 lots. The yearly maintenence costs are shared (unequally) but several neighbors refuse to contribute and legal costs don't justify forcing the issue. It makes for awful neighborhood politics.

Amen.
:thumbsup:
+1
Understatement of the year.

Shared road costs can really cause problems... It is a real shame how people can turn something simple into knot of complexity and politics.

Later,
Dan